Working Philosophy

 

 

“Consulting to management is like living with tigers.  It’s exhilarating, and you learn a lot, but they make you do things right and earn their trust.”

 

--David Cook

 

 

 

 

 

 

“The work of a consultant requires a lot of thought, with constant refinement of skills in a broad range of areas.  The consultant must be thinking constantly about the client’s needs and concerns, and will, by nature, have ideas that are important and relevant to the work being done for the client at all hours of the day and night and in all kinds of settings.

 

The consultant is present to deliver solutions:  reports, publications, systems, classroom experiences, web pages, and much more.

 

The secret to success in this is very simple:  Always deliver the best solution you can, to specifications or better, on or ahead of schedule, and in the most economical way possible.  That’s how I do it.”

 

--David Cook

 


 

The menu below lists topics in which DAC& affiliates have contributed their thoughts.  These include practical advice and ideas to think about.  Please browse through these as time permits, and engage us in conversation if you like.

 

Client Relations

Contractors vs. Employees

Written Agreements

Fees and Expenses

Talk to a Publications Specialist First!

Working with People

Helping Prevent Fraud and Accounting Problems

How to be a Specialist

Precise Thinking

Precise Writing

 

 

 


 

 

Client Relations

 

“The most enduring and difficult problem an independent consultant faces is in keeping his clients reminded that they have hired the consultant to advise the client, and not the other way around.  When the consultant is free to exercise his or her scholarship and provide the best and most economical solution possible, things go smoothly and the client can be assured of its money’s worth.

 

This doesn’t mean that the consultant should not be a good listener and be constantly attentive to the needs, concerns, and opinions of the client—in fact, the consultant will not succeed unless the client’s concerns are the consultant’s concerns and the consultant pays attention to the client at all times.

 

However, the client hires the consultant because the consultant’s experience tells him or her what works and what doesn’t, and the client must do the consultant the courtesy (at least) of allowing the consultant to exercise the experience that made him or her an expert—in fact, the client won’t get much out of the consulting relationship if it doesn’t.

 

Both the client and the consultant must think in the most rational way possible, and the client must follow the consultant’s guidance in accordance with the rational approach.  With this comes a little-understood and infinitely valuable side benefit for the client in using a consultant’s services:  that the client’s staff learn to think more clearly.

 

Few things are of more overall benefit to the client than this process, and it costs the client nothing extra.”

 

--David Cook

 

 

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Contractors vs. Employees

 

In technical fields, a contractor is almost always a better solution than an employee.  Contractors cost less, and—if they are competent and honest—generally possess a more complete knowledge of their fields and their work.  Many employers feel more secure with employees, but the truth is that a contractor often provides better security for the future from the employer/client’s perspective.

 

An employee is really more likely to be “here today and gone tomorrow” than a contractor who is working to build repeat business and a good reputation.  When an employee is gone, that person’s efforts and knowledge are now fully devoted to the next employer.  A contractor, on the other hand, remains available to the client even when the contractor is not specifically working for the client.

 

Certainly there are contractors that are dishonest and incompetent, and a certain degree of discernment is necessary.  Generally, an honest and reliable contractor will look and sound like one when you first meet.  The competent contractor/consultant is relaxed and makes you feel confident in the contractor’s ability and knowledge.

 

A common concern among those who consider using contractors is that the contractor will be considered an employee by the Internal Revenue Service, and the client will be assessed penalties for payroll taxes it will be told it should have paid.  The reality is that this problem is easily remedied, and an honest contractor will be prepared to help make sure the client can be confident of the contractor’s tax status.

 

Here are the key elements of a consultant-client relationship that will ensure that there is no question about the contractor’s tax status:

 

  • Most importantly, the client hires the consultant/contractor to use his or her skills independently to produce a result that the client and the contractor have agreed upon in advance; that is, a written agreement exists that describes the expected results of the contractor’s work, when the results are expected, and how much and when the contractor will be paid for the work.

 

  • From the tax status perspective, the other important aspect of the relationship is that the contractor can either make a profit or take a loss on the project; that is, if the contractor underestimates the time required or other costs of the project, the contractor absorbs the extra cost.  This is absolute proof in tax terms that the contractor is an independent entity.

 

Thus it is easy to be sure the contractor will not be considered an employee, and the client need not give the matter another thought.  The contractor should provide his or her own tools and methods where practical.  If the work requires a tool that exceeds the contractor’s ability to purchase (for example, a satellite or a cargo ship), it is legitimate for the client to allow the contractor to use tools belonging to the client.

 

In the typical situation, however, where the deliverables specified for the project consist of reports, user manuals, multi-media presentations, and other tangible products of intellectual effort, the client may not specify that the consultant use a specific tool or method.  (For example, the consultant chooses and provides the word processing program best suited to the work at hand.)

 

Also, the client may not place the consultant/contractor under the supervision of an employee of the client company.  The relationship must be one of mutual cooperation in which the client’s personnel provide information and state preferences; however, to be considered an independent contractor from the tax perspective, the consultant/contractor’s judgment must be the final deciding factor in matters of the consultant’s expert knowledge.

 

If you follow these simple rules:  (The contractor can take a loss or make a profit, and the contractor’s judgment governs in matters of the contractor’s expert knowledge), the contractor cannot be considered to be an employee.

 

Both these rules are best followed by having a clear written agreement.  Some thoughts on written agreements will come in the next section.

 

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Written Agreements

 

It’s the contractor/consultant’s responsibility to provide a form of written agreement for the work to be done.  A good contractor uses form agreements provided by an attorney or by a professional association’s legal department.  A well-written form agreement is so clear that there will be no question that it provides adequate protection for the client as well as for the contractor.

 

A client should never hesitate to have an agreement reviewed by its own attorney, and an honest contractor will not be offended.  The terms of an agreement should always be negotiable.  Essentially, a client should expect the agreement to cover the following subjects:

 

  • The contractor’s agreement to perform a specified task or tasks
  • The client’s agreement to pay the consultant a specified amount for the work
  • Detailed descriptions of the form and content of all deliverables
  • A detailed payment schedule
  • A contingency description that protects the contractor in the event the client does not review draft materials or hold essential meetings on schedule
  • A description of the remedies in the event either party does not fulfill the agreement
  • A description of the extent to which both the contractor and client indemnify each other against incidental liabilities
  • A definition of the applicable law (that is, under the laws of what state or principality)
  • A certification by the contractor that it will obey all applicable laws and pay all applicable taxes
  • A certification that both parties will hold confidential information secure
  • A description of subcontractors and/or employees to be used in the work
  • A description of the way the agreement can be amended or terminated

 

Typically, a contractor will have a form agreement ready no later than the day the work begins.  In some situations, a simple letter of agreement will be enough for a small project.  For a contractor and client who know each other well, an oral agreement may be sufficient, as long as the client has on file a letter from the contractor certifying that the contractor obeys the law and pays the required taxes.

 

Each agreement, whether long-form, a simple letter, or a handshake, should be accompanied by a Purchase Order for the contractor’s use in requesting payment.

 

A professional working group like David A. Cook and Associates, Inc. may consist of a number of professionals who prefer to work as separate contractors.  In such a case, a separate agreement should exist with each contractor, and the contractors may have an additional agreement among themselves.  The terms of such an agreement should be disclosed to the client.

 

Fulfilled agreement should be kept on file by both parties for at least seven years.

 

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How to Be a Specialist

 

The specialist has two important attributes:

 

1.  The ability to think in the broadest, most far-ranging way possible.

 

2.  The ability to focus on a specific issue or problem.

 

At first these two may seem to contradict each other, but, in fact, they describe the tension between two types of thinking that give the trained specialist the ability required to solve specialized problems.  This is true if the specialist is a brain surgeon, a submarine commander, or a publications developer.

 

A brain surgeon has to consider every aspect of the patient’s condition and the operation to be performed, and have a complete knowledge of procedures, risks, potential complications, the proper use of tools and instruments, and many other factors.  After considering all of these thoughts, the surgeon then knows what to do and how to do it from second to second and from millimeter to millimeter, and is able to focus appropriately on getting the job done when the clock is running.

 

A submarine commander must have a thorough knowledge of the machinery, from nuclear engineering to galley plumbing, weather, ocean geography, international law, and a wide variety of other subjects.  Then the commander uses all of this knowledge, sometimes solving complex problems that involve all of these matters at once in real time.  The result is a solution that takes into account everything that ensures the safety of vessel and crew, as well as the security of the nation the submarine defends.

 

A Consulting Publications Specialist follows exactly the same lines of thought, because the consultant is the same kind of specialist as the surgeon or the commander:  The consultant understands the basic subject matter and the surrounding constraints.  Medicine, chemistry, electronics, microbiology, policies and procedures, regulatory bodies, and business practices.

 

The specialist then uses all of this broad knowledge in real time—when the clock is ticking—to solve your problem and produce new and ideal results for you, when you need them.

 

That’s the specialist you need.  Contact us today!

 

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Helping to Prevent Fraud and Accounting Problems

and Allegations of those Problems

 

In addition to making your enterprise more profitable and more manageable, a good document control system with custom-tailored process documents serves as a powerful exhibit of the integrity of your management processes and the credibility of the records you present for inspection.  A good document control system is a deterrent to allegations of misconduct or fraud, and may in some cases help you avoid having to tie up valuable resources for in-depth investigations.

 

Your document control system ensures you can present precisely the kind of indestructible contemporaneous records investigators want in the event questions should arise about your record keeping or that of any business with which you are associated.

 

The design of your document control system is a tangible exhibit that anyone can understand, that will show that your management team exercised good judgment and due diligence in keeping records of its activities.  Though most process documents are not financial documents as such, they will either contain financial control figures or show a one-to-one correspondence with records that do.

 

In a typical product development scheme, the initial planning documents will serve as a clear narrative of the process through which the profitability of the product was estimated, with detailed figures on the anticipated market and the anticipated development and support costs.

 

As product development continues, your system will exhibit a clear document trail of every event that related to that process.  The document librarian database serves as proof that every event that affects your costs or productivity was uniformly recorded in a timely manner.  The design of your internal process document system can be expanded to incorporate any and all facets of the management of your enterprise required to ensure that your records cannot be questioned under reasonable conditions.

 

Your document control consultant will consult with your legal tax, and financial advisers to ensure that the scope of the document control system is adequate for this purpose.

 

When your product goes to market, the document control system continues to follow it, making sure the continuing costs are properly recorded and that the cycle is closed between the estimates that were part of the original planning process and the reality that ensued.  You need a complete understanding of all variations between estimated and actual costs for strategic planning purposes.  If you obtain this understanding from a well-designed document control system, that system makes the variations easy to account for, and helps deflect any allegations of concealment or poor management practice.

 

Finally, the document control system will produce a complete archive of all the activity records of the entire enterprise in permanent electronic form that can be kept for you by a third party trustee, so that you can show beyond question that no records have been altered.

 

In the event that any aspect of your activities is called into question, you will have the indexed contemporaneous records at your fingertips on very short notice.

 

In many cases it is the untidy appearance of the records themselves that invites a detailed audit or investigation.  If you have a document control system tailored to your enterprise, that can retrieve any record on request, you start out on a solid footing that often simplifies and shortens the process.

 

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Talk to a Publications Specialist First!

 

(Or:  “What have you got against “Tech Writers?”)

 

See a discussion of the differences and benefits (Narration and animation included).

 

The job classification “Tech(nical) Writer” has become a popular one in the last two decades or so, and, in the process, the distinguishing features of that profession have gotten lost in the workplace shuffle.  So it’s the term “Tech Writer” that I object to, not the people who do that type of work.

 

Nearly every day I encounter job placement ads for “Tech Writers” in technical firms.  In most cases, the person placing the ad has only the vaguest idea of what such a person is expected to do, or is able to do, and the likelihood is high that the person hired will be less than perfectly suited for the job.  The result is very often that the employer gets only a small portion of the results that can be obtained in the development of corporate, technical, and customer publications.

 

If you are in need of publications development services, do yourself a favor by using a Consulting Publications Specialist first!  The consulting specialist can save you Tens of Thousands ($10,000s) or Hundreds of Thousands ($100,000s) of dollars on a single project by ensuring that you produce the exact publications you need, and that those publications are of the highest possible quality.

 

The Consulting Publications Specialist can help ensure that your resources are used most efficiently and that your publications development process enhances, unifies, and simplifies the management and operation of the entire enterprise.

 

A publications specialist does technical writing and illustrating, of course, but the work of a publications specialist encompasses many more and varied—and essential—tasks.

 

A publications specialist has the experience and knowledge to be able to research the sources of information on which the publications will be based, and determine the accuracy and suitability of each source.  The specialist also maps out the development program and specifies the points at which the publications development process interfaces with the product development program.  From this process comes information that is of the very greatest importance to management in maintaining efficiency and product quality.

 

The Publications Specialist then designs the organization of the publications, and secures management approval to ensure that the information in the publication is presented completely and correctly, so that your customer will best be able to use your product!

 

Next, the specialist produces the publications according to the agreed-upon specifications and other applicable rules and constraints, and to the highest standard of accuracy, readability, and usefulness to the reader that can be achieved.

Finally, the publications specialist takes the publications through the production process, negotiating with printers, ISPs, media production firms, and others who will see to it that the publications are realized in their final form to the standard of quality you and your customers demand.

 

Parts of this work can be done by Technical Writers, but to fit all the pieces together, you need a full-service specialist who can guide you in a cordial and informative manner from the inception of the publications requirement to the day your customers receive your product.

 

A Consulting Publications Specialist makes the process work and saves you time, energy, and money,

 

--David Cook

 

 

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Copyright © 2002 by David Cook.  All rights reserved.